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PEOPLE v. WASHINGTON

196 A.D.2d 346 (1994)

The People of the State of New York, Respondent, v. Joshua Washington, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 4, 1994

Attorney(s) appearing for the Case

Philip L. Weinstein, New York City (James M. Branden of counsel), for appellant.

Charles J. Hynes, District Attorney of Kings County, Brooklyn (Roseann B. MacKechnie, Michael Gore and Caroline R. Donhauser of counsel), for respondent.

Richard A. Brown, District Attorney of Queens County, Kew Gardens (Steven J. Chananie and Linda Cantoni of counsel; Sharon Y. Brodt with them on the brief), amicus curiae.

THOMPSON, BRACKEN, SULLIVAN and BALLETTA, JJ., concur.

MANGANO, P. J.

The primary question to be resolved on the instant appeal is whether an audiotape of an autopsy performed by the Office of the Chief Medical Examiner (hereinafter OCME) constitutes Rosario material (see, People v Rosario, 9 N.Y.2d 286; see also, CPL 240.45 [1] [a]), which must be turned over by the prosecution to the defense. In our...

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